PERTIMBANGAN HUKUM ATAS TINDAK PIDANA KEKERASAN DALAM RUMAH TANGGA (TINJAUAN YURIDIS TERHADAP PUTUSAN NOMOR 5/Pid.Sus/2020/PN Wsb.)

Farah Fitra Fuada, NIM.: 16340125 (2021) PERTIMBANGAN HUKUM ATAS TINDAK PIDANA KEKERASAN DALAM RUMAH TANGGA (TINJAUAN YURIDIS TERHADAP PUTUSAN NOMOR 5/Pid.Sus/2020/PN Wsb.). Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

In the household it is not uncommon for disharmony to occur which can lead to an act that exceeds the limit and can even be included in the element of a criminal act. Acts of physical, psychological, sexual violence and even neglect. One of the factors that causes Domestic Violence (KDRT) is the jealousy of one partner, causing problems in the household which often lead to violence. The panel of judges at the Wonosobo District Court through Decision Number 5/Pid.Sus/2020/PN Wsb, in their consideration stated that the defendant's actions were declared to have fulfilled the elements of a criminal act but in his decision the judge only gave a verdict in the form of a trial for 10 months. Even though data from the Women and Children Information Service Unit (UPIPA) throughout 2019 cases of domestic violence (KDRT) were still the most committed, namely 54 percent of the number of cases of violence against women and children. The high rate of violence is caused by weak law enforcement. The type of research used in compiling this research is library research, with a normative- juridical approach that refers to legal norms contained in legislation and judicial decisions as well as legal norms that exist in society. . This research is descriptive-analytical, namely describing and analyzing Decision Number 5/Pid.Sus/2020/PN Wsb by looking at the considerations and rulings. The consideration of the Wonosobo District Court Judge in making the decision, according to the author, is based on the facts revealed in the trial and stipulated by law as something that must be included in the decision. The Wonosobo District Court Judge compiled Decision Number 5/Pid.Sus/2020/PN Wsb by carrying out three stages, namely: qualifying, constituting. In addition, the judge in considering the decision sees several elements such as juridical, sociological, and philosophical factors. The legal considerations also include articles of legal regulations that are used as the basis for the decision in line with the mandate of Article 50 paragraph 1 of Law Number 48 of 2009.

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